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I’ve been thinking a lot about equality recently. It is a concept bandied around all the time and after all who wouldn’t want equal life opportunities, equal status, equal justice? Whether we’re talking about gender, race, sexual orientation, disability, age, marital status. religion, sex or maternity (all protected characteristics under the Equality Act, 2010) the focus is apparently on achieving equality. But equal to what? If we’re looking for equivalence, how as a society do we decide a baseline upon which we can measure equality? Furthermore, do we all really want equality, whatever that might turn out to be?
Arguably, the creation of the ‘Welfare State’ post-WWII is one of the most concerted attempts (in the UK, at least) to lay foundations for equality. The ambition of Beveridge’s (1942) Report of the Inter-Departmental Committee on Social Insurance and Allied Services was radical and expansive. Here is a clear attempt to address, what Beveridge (1942) defined as the five “Giant Evils” in society; ‘squalor, ignorance, want, idleness, and disease’. These grand plans offer the prospect of levelling the playing field, if these aims could be achieved, there would be a clear step toward ensuring equality for all. Given Beveridge’s (1942) background in economics, the focus is on numerical calculations as to the value of a pension, the cost of NHS treatment and of course, how much members of society need to contribute to maintain this. Whilst this was (and remains, even by twenty-first century standards) a radical move, Beveridge (1942) never confronts the issue of equality explicitly. Instead, he identifies a baseline, the minimum required for a human to have a reasonable quality of life. Of course, arguments continue as to what that minimum might look like in the twenty-first century. Nonetheless, this ground-breaking work means that to some degree, we have what Beveridge (1942) perceived as care ‘from cradle to grave’.
Unfortunately, this discussion does not help with my original question; equal to what? In some instances, this appears easier to answer; for example, adults over the age of 18 have suffrage, the age of sexual consent for adults in the UK is 16. But what about women’s fight for equality, how do we measure this? Equal pay legislation has not resolved the issue, government policy indicates that women disproportionately bear the negative impact of austerity. Likewise, with race equality, whether you look at education, employment or the CJS there is a continuing disproportionate negative impact on minorities. When you consider intersectionality, many of these inequalities are heaped one on top of the other. Would equality be represented by everyone’s life chances being impacted in the same way, regardless of how detrimental we know these conditions are? Would equality mean that others have to lose their privilege, or would they give it up freely?
Unfortunately, despite extensive study, I am no closer to answering these questions. If you have any ideas, let me know.
Beveridge, William, (1942), Report of the Inter-Departmental Committee on Social Insurance and Allied Services, (HMSO: London)
The Equality Act, 2010, (London: TSO)
Upskirting for anyone who has not come across the term is the act of taking unauthorised pictures under a skirt or kilt to capture images of the crotch area and sometimes genitalia. It tends to happen in crowded public places making it difficult to spot when it is happening. The resulting images are often distributed on the internet, usually interlinked with pornographic or fetish sites and present a multitude of moral and legal issues surrounding privacy, decency and consent. In some instances, the victim is identifiable from the image but in many they are not and are often unaware that such images even exist. This type of behaviour is not new but the development of technology, most notably camera phones has facilitated the practice as has the ability to share these images online. In England and Wales there is currently no specific legislation banning such action because voyeurism only covers private spaces and outraging public decency requires a witness. As such, when victims of upskirting come forward there is currently little scope for prosecution although some successful prosecutions have occurred under the offence of outraging public decency.
Gina Martin, a freelance writer and victim of upskirting launched a campaign to get upskirting recognised as a specific crime and punishable under the Sexual Offences Act. This campaign has gained considerable momentum both publicly and politically and in March 2018 the Voyeurism (Offence) Bill was presented to the House of Commons. The bill was blocked by the objections of one MP on the grounds that there had been a ‘lack of debate’ and thus a breach of parliamentary procedure. The backlash to this objection was interesting, rather than acknowledging that this is a serious issue worthy of parliamentary debate a humiliating and somewhat bullying approach was taken in the form of ‘pants bunting’ being hung outside of his Commons office. While I might not agree with some of the past actions of this MP his argument that new laws need to be debated if we (the UK) are to stand up for freedom and democracy is an important one. Upskirting is a serious breach of privacy and decency and therefore needs proper debate if the resulting legislation is going to be more than a knee-jerk reaction to public outrage. Such legislation often results in the need for multiple revisions in order for it to efficiency and effectively tackle such behaviour. For example, the proposed burden of proof in the original bill alongside the limited scope of the bill would likely have limited prosecutions rather than facilitating them. Unfortunately, with just three months between the original bill and the revised Voyeurism (Offences) (No.2)) Bill, which was successfully introduced to the House of Commons in June 2018, the extent to which sufficient informed debate has occurred remains questionable.
 See the comments by Clare McGlynn (professor at Durham University) in Sabbagh and Ankel (2018) Call for upskirting bill to include ‘deepfake’ pornography ban. The Guardian [online] Available at: https://www.theguardian.com/world/2018/jun/21/call-for-upskirting-bill-to-include-deepfake-pornography-ban. [Accessed: 17 August 2018].